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Agenda Packets - Board - 2004-06-104 noti Qo' st n`�p4sA � ... an Independent Special District Arlene Schafer President Greg Woodside Vice President Art ferry Director Jiro Ferryman Secretary Dan Worthington Director Public Comments. Any member of the public may address the Board. Speakers on agenda items should identify themselves to the Clerk before the meeting so that their input can be provided at the time the item is considered. Speakers on non- agenda items will be heard under Public Comments. Pursuant to State law, the Board may not discuss or take action on non - agenda items except under special circumstance's. Speakers must limit "their remarks to three minutes or as decided upon by the Presiding Officer. The Presiding Office: r reserves the right to declare any speaker out of order. In compliance with ADA, contact Joan Revak, (714) 754 -5087, 48 hours prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II). -y 0 Regular Meeting - Thursday, June 10, 2004 I. CALL TO ORDER — 4:00 p.m. — Historical Society - Costa Mesa It. PLEDGE OF ALLEGIANCE — Director Perry III. INVOCATION — Director Woodside IV. ROLL CALL V. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered to be routine and will be enacted in one motion in the form listed below. There will be no separate discussion on these items prior to the time the Board votes on the motion, unless members of the Board request specific items to be removed from the Consent Calendar for discussion, in which event the item will be removed from the Consent Calendar and considered in its normal sequence on the agenda. Reports Minute Approval 1. Recycling Committee — May 5, 2004 • 2. Special Meeting — May 7, 2004 RECOMMENDED ACTION ftotecting our community's health 6y providing solid waste and sewer colrection services. costamesasanitarydistrict. org ` Costa .Mesa Sanita.Y.� Dist-rict Jitne 10, 2004 AGENDA Page 2 RECOMMENDED ACTION 3. Regular Meeting — May 10, 2004 4. Special Meeting — June 2, 2004 Manager's Reports 5. Refunds Approve 6. Occupancy Report and payment to Costa Mesa Disposal — June 2004 Approve 7. Monthly Spill Report to Regional Water Quality Control Board (RWQCB) Receive and File Engineer's Reports 8. Project Status Report Receive and File Treasurer's Reports 9. Financial Report as of May 31, 2004 Accept Report 10. Report of Monies on Deposit as of May 31, 2004 Receive and File . 11. Warrant Register for June 2004 in the amount of $1,343,791.06 Approve Payment 12. Directors' Compensation and Reimbursement of Expenses for the Ratify Expenses Month of May 2004 -------------------------------------- - - - - -- -END OF CONSENT CALENDAR-------------------------------------------- VI. WRITTEN COMMUNICATIONS VII. PUBLIC COMMENTS VIII. MANAGER'S REPORTS A. Review Request for Adjustment of Compensation for General Counsel 1, Closed Session — Personnel Exception Government Code Section 54957 Closed Session (Note: The Brown Act authorizes a closed "personnel session" to discuss an independent contractor who functions as an officer or employee of the agency. This exception would apply to the General Counsel. The Brown Act only authorizes the review of performance in closed session. Compensation may not be finally set in closed session. Government Code Sections 54957, 54957.6) 2. After reconvening from closed session, take action with respect to the Consider Increase request in open session Protecting our community's hieatth 6y providing solid waste andsewer coQection services. costamesasanitarydistrict. org Costa Mess Sa- nita -r� Dist-rict AGENDA B. L June 10, 2004 Page 3 RECOMMENDED ACTION Review Request for Adjustment of Compensation for District Manager /Engineer a 2 Closed Session — Personnel Exception Government Code Section 54957 Closed Session (Note: The Brown Act authorizes a closed "personnel session" to discuss an independent contractor who functions as an officer or employee of the agency. This exception would apply to the Manager /Engineer. The Brown Act only authorizes the review of performance in closed session. Compensation may not be finally set in closed session. Government Code Sections 54957, 54957.6) After reconvening from closed session, take action with respect to the request in open session Anti - Scavenging and Screening of Trash Containers Enforcement Reports CMSD Strategic Plan 1. Year 2003/2004 Action Items • 2. Separation of District from City R'F a. Follow up action to June 2, 2004 Special Meeting • b. Second Draft of City of Costa Mesa /CMSD Agreement V" C. Tenant Improvements- j� -�'� E. Recycling Reports 1. Waste Diversion Report — May 2004 F. Contract Payment to CR Transfer for recycling services and disposal 1. Payment for May 2004 Serviceswi I G. Costa Mesa Disposal Request for Fully- Automated Service and Presentation of Master Plan 691 d v md (40 i\ 407, H. Public Safety Emergency Services Expo — Sunday, May 16, 2004 Consider Increase Consider Receive and File Consider Consider Consider Receive and File Approve Subject to Verification of Diversion Report by Staff Update and Consider Special Meeting Verbal Report (Protecting our community's health 6y providing soridwaste andsewer colTection services. costamesasanitarydistrict. org Casa Mesa Sa- l.itarN) D-istrici rune 10, 2004 AGENDA Page 4 RECOMMENDED ACTION Recycling Committee — Tuesday, June 8, 2004 — 9:00 a.m., CR -1A (Directors Worthington and Schafer) 1. Strategic Planning 2003 -2004 - Public Outreach — Classroom Update on Schedule Recycling Projects y g sec s IX. ENGINEER'S REPORTS A. Waste Discharge Requirements (WDR) 1. General Update Verbal Report from Manager and Attorney B. Project No. 168 — Tustin Pump Station Relocation Agreement with Approve & Execute City of Newport Beach to Construct District sewer lines Agreement C. Project No. 171 — Tustin Pump Station Force Main Rehabilitation Approve Proposal to Begin Design Phase D. Project No. 173 — South Coast Plaza Pump Station Force Main Approve Replacement — Proposal to Begin Design Phase TREASURER'S REPORTS XI. ATTORNEY'S REPORTS A. Resolution No. 2004 -681, Ordering that Publication of Ordinance No. 45 Adopt Resolution Providing Purchasing Authority for an Independent Purchasing System Has Occurred XII. LOCAL MEETINGS C 4 - 4 'f -' ' �ULf A. Orange County Sanitatio /ndDUisttrict ( CSD) 1. Regular Meeting — May 26, 2004 (Director Ferryman) Accept Report B. Santa Ana River Flood Protection Agency (SARFPA) 1. Meeting — May 27, 2004 (Director Perry) Accept Report C. Independent Special Districts of Orange County (ISDOC) Accept Report D. Local Agency Formation Commission (LAFCO) Consider 1. Final Budget for FY 2004 -2005 Accept Report • E. California Special Districts Association (CSDA) Accept Report (Protecting our community s health 6y providing solid waste and sewer collection services. costamesasanitarydistrict. org Cagta Mesa San ta -ry District June 10, 2004 AGENDA Page 5 0 RECOMMENDED ACTION XIII. OLD BUSINESS XIV. NEW BUSINESS A. Membership in Costa Mesa Historical Society Approve Membership & Meeting Room Fee in Amount of $250.00 XV. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS XVI. ADJOURNMENT 0 (Protecting our community's health 6y providing solid waste and sewer collection services, co.stamesasanitarydtstrict. org • COSTA MESA SANITARY DISTRICT MINUTES OF RECYCLING COMMITTEE MEETING MAY 5, 2004 The Costa Mesa Sanitary District Recycling Committee met at 9:00 a.m. in conference room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Dan Worthington, Greg Woodside Staff Present: Rob Hamers, Tom Fauth, Joan Revak, Bobby Young Director Worthington called the meeting to order at 9:00 a. m. STRATEGIC PLANNING 2004 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS 9 Presentations are scheduled at Rea Elementary and Kaiser Elementary Schools. • Director Worthington reported the presentations are winding down with the school season ending. PUBLIC COMMENTS There were no public comments. The meeting was adjourned at 9:34 a.m. Secretary President T'rotecting our community ,s heafth b)' providing soli waste andse-werco(.ection services, costarrmesasanitarycfistnct. org gANlT�4,i 4 4PORA��, COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING MAY 7, 2004 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on May 7, 2004 at 11:30 a.m., in Conference Room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Greg Woodside, James Ferryman, Arthur Perry . Dan Worthington Staff Present: Robin B. Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Clerk of the District; I. Public Comments 0 There were no public comments made. II. CLOSED SESSION • President Schafer adjourned the meeting to closed session at 11:31 a.m. III. Closed Session A. To interview candidates for appointment to the position of District Treasurer pursuant to Government Code Section 54957. B. To provide authority to the District Manager to negotiate with Candidates for the District Treasurer, an unrepresented position, with respect to compensation pursuant to Government Code Section 54957.6 President Schafer returned to the Special Meeting at 1:20 p.m. Action taken by the Board of Directors was to retain CBIZ Accounting as consultant with the understanding that Wendy Davis would be appointed Treasurer July 1, 2004 and give the Manager authority to negotiate the terms of the agreement. President Schafer adjourned the meeting at 1:22 p.m. Secretary President L A r &1 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 103 2004 The Board of Directors of the Costa Mesa CALL TO ORDER Sanitary District met in regular session on May 10, 2004, at 6:00 p.m. in Room 5 -A of the Civic Center, 77 Fair Drive, Costa Mesa. PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL DIRECTORS PRESENT: DIRECTORS ABSENT: President Schafer called the meeting to order at 6:00 p.m. Director Perry led the Pledge of Allegiance Director Woodside gave the invocation. Arlene Schafer, Greg Woodside, Art Perry, James Ferryman, Dan Worthington None STAFF PRESENT: Robin Hamers, Manager /Engineer; Alan Burns, Legal Counsel; Tom Fauth, Assistant Manager; Joan Revak, Clerk of the District; Marc Puckett, Treasurer; Bobby Young, Finance; Colleen O'Donoghue, Finance, Ron Shef, District Ordinance Enforcement Officer; Debbie Bjornson, Permit Processing Specialist; Denise Gilbert, Permit Processing Specialist 9 OTHERS PRESENT: Mr. Allan Roeder, City Manager, City of Costa Mesa t n, COSTA MESA SANITARY DISTRICT J` `= MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r MAY 10, 2004 PAGE 2 Mr. Puckett introduced Staff member Ms. Colleen O'Donoghue and reported she would remain in the meeting while he and Mr. Young attend a prearranged concurrent meeting for approximately 20 minutes. . ............................... CONSENT CALENDAR . ............................... Director Worthington motioned to approve the Consent Calendar as presented. Director Perry seconded. Motion carried 5 -0. REPORTS MINUTE APPROVAL Minutes of Recycling Committee Meeting, April 6, 2004 Minutes of the Investment Oversight Meeting April 8, 2004 Minutes of Regular Meeting, April 8, 2004 Minutes of Special Meeting, April 14, 2004 MANAGER'S REPORTS Refunds The Minutes of the Recycling Committee Meeting of April 6, 2004, were approved as distributed. The Minutes of the Investment Oversight Meeting of April 8, 2004, were approved as distributed. The Minutes of the Regular Meeting of April 8, 2004, were approved as distributed. The Minutes of the Special Meeting of April 14, 2004, were approved as distributed. There were no refunds submitted for April 2004. Occupancy Report and The Trash Occupancy Count documented an Payment of $182,209.60 increase of 14 units for the occupancy report for to Costa Mesa Disposal — solid waste collection as of May 1, 2004. May 2004 Therefore, the total for May is 21,114. Board directed Staff to prepare a warrant for $182,209.60 to Costa Mesa Disposal on June 1, 2004, for payment for May trash collection based on the May count of 21,114. pq L_—A s COSTA MESA SANITARY DISTRICT JA MINUTES OF BOARD OF DIRECTORS REGULAR MEETING ,r^ , MAY 10, 2004 PAGE 3 Monthly Spill Report to The Monthly Spill Report to the Regional Water Regional Water Quality Quality Control Board (RWQCB) for April 2004 was Control Board (RWQCB) accepted as submitted. ENGINEER'S REPORTS Project Status Report TREASURER'S REPORTS Financial Report as of April 30, 2004 Report of Monies on Deposit as of April 30, 2004 Warrant 2004 -11 for May 2004 in the amount of $451,772.59 The Project Status Report dated May 2004, was accepted as submitted. The Financial Report as of April 30, 2004, was accepted as submitted. The Report of Monies on Deposit as of April 30, 2004, was received and filed. Warrant Resolution #CMSD 2004 -11 was approved, authorizing the President and Secretary to sign the warrant and instructing the Treasurer to draw a warrant from the Costa Mesa Sanitary District General Fund in the amount of $451,772.59. Directors Expenses for the Director Expenses for the Month of April 2004 were Month of April 2004 ratified as follows: Director Ferryman: $510.00 + 3.37 Director Perry: $680.00 President Schafer: 1020.00 + $24.36 Vice President Woodside: $510.00 Director Worthington: $1020.00 + 298.59 .......................... END OF CONSENT CALENDAR .......................... WRITTEN COMMUNICATIONS Ms. Revak reported receiving two letters from school students thanking the Costa Mesa Sanitary District for the monetary award for participation in the Telephone Book Recycling Program. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 PAGE 4 10 Ms. Revak received the Annual Report from the County of Orange, Integrated Waste Management Department. The report documents the system's annual performance and financial condition as of June 30, 2003. The report includes an update of the system's 10 year financial projection prepared by IWMD Staff and audited financial statements prepared by Macias, Gini & Company LLP. PUBLIC COMMENTS There were no public comments made. MANAGER'S REPORTS ORANGE COUNTY IWMD PROPOSED AMENDMENT TO WASTE DISPOSAL AGREEMENT Mr. Harriers provided a brief description of the correspondence from County of Orange, Integrated Waste Management Department, dated April 21, 2004. The letter outlines the renewal option under Article VI, Section 6.1 (B) to renew on or before June 30th, 2004, for an additional term of ten years on the same terms and conditions as are applicable during the Initial Term of the Agreement. If not renewed by June 30, 2004, the Waste Disposal Agreements expire on June 30, 2007. Because IWMD staff and the City Managers working group are unable to perform the extensive study required to project whether a 10 year extension at the same terms is feasible, it was recommended that agreements be prepared extending the June 30, 2004 deadline to June 30, 2007 and the June 30, 2007 termination date to June 30, 2010. The IWMD prepared an amendment reflecting this extension of the current terms and it is up for consideration by the CMSD Board of Directors. Staff recommended approval. Director Perry motioned to approve Amendment to Waste Disposal Agreement with Costa Mesa Sanitary District, subject to approval of Mr. Burns. Director Ferryman seconded. Motion carried 5 -0. ANTI - SCAVENGING AND SCREENING OF TRASH CONTAINERS ENFORCEMENT REPORTS POLICE REPORT Ms. Revak reported the police department is upgrading their computer systems and no report was available. • • t` '= COSTA MESA SANITARY DISTRICT u MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 _ - PAGE 5 DISTRICT ORDINANCE ENFORCEMENT OFFICER REPORT Mr. Hamers presented the ordinance enforcement summary report for the four -week period beginning March 22, 2004 and ending April 18, 2004. Mr. Shefs summary report contained the following information: 20 flyers given to residents and 9 containers oversprayed and ID tagged. Kate Brennan, intern, participated in a ride -along of the five collection areas and was shown the various duties and responsibilities of the Enforcement Officer. Mr. Fauth reported an issue with a resident, formerly not in compliance with District resolutions, has been resolved. Mr. Fauth provided pictures of the site. CMSD STRATEGIC PLAN YEAR 2003/2004 ACTION ITEMS Mr. Hamers presented the 2003/2004 Strategic Planning Action Items, reporting the District is on schedule for all items. Received and filed. SEPARATION OF DISTRICT FROM CITY Mr. Hamers reported receiving a response from Mr. Allan Roeder, City Manager, City of Costa Mesa, dated May 3, 2004. Mr. Hamers reported Staff met with Mr. Allan Roeder, City Manager, City of Costa Mesa, and came to a mutual agreement regarding major issues outlined in the proposal from the Costa Mesa Sanitary District to the City. Mr. Hamers provided a brief summary of the agreement. Mr. Roeder echoed Mr. Hamers summarization of the discussion and outlined the City's position on the agreement characterizing it as five one - year agreements. Mr. Roeder recommended all points of the agreement be well documented. (Reference points discussed in memorandum to Allan Roeder that will become Attachment 2 to the new City /CMSD Agreement. Mr. Puckett and Mr. Young left the meeting at 6:30 p.m. Director Ferryman recommended approval in concept of the agreement, subject to the approval of Mr. Burns. Director Perry seconded. Motion carried 5 -0. Mr. Roeder /eft the meeting at 6:33 p.m. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING y MAY 10, 2004 PAGE 6 Mr. Hamers recommended setting three meeting dates. The following dates were selected: May 24th at 6:00 p.m. June 2nd at 11:30 a.m. June 16th at 11:30 a.m. CALPERS RESOLUTION OF INTENTION Mr. Fauth provided an outline of the documents distributed to the Board. Mr. Fauth reported the affected employees of the City of Costa Mesa would vote on May 11, 2004. Director Perry motioned to adopt the RESOLUTION OF INTENTION TO APPROVE A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS COSTA MESA SANITARY DISTRICT. Director Ferryman seconded. Motion carried 5 -0. RECYCLING REPORTS WASTE DIVERSION REPORT - MARCH 2004 The Waste Diversion Report for March showing a 51.99% diversion rate was received and filed. WASTE DIVERSION REPORT — APRIL 2004 Mr. Fauth provided an overview of the new format. The Waste Diversion Report for April showing a 50.65% diversion rate for the City of Costa Mesa and 51.83% for the County was received and filed. CONTRACT PAYMENT TO CR TRANSFER FOR RECYCLING SERVICES AND DISPOSAL PAYMENT FOR APRIL 2004 SERVICES Director Perry motioned to approve contract payment to CR Transfer for recycling services and disposal for the month of April 2004, in the amount of $178,122.04. Director Woodside seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 PAGE 7 COSTA MESA DISPOSAL REQUEST FOR FULLY - AUTOMATED SERVICE AND PRESENTATION OF MASTER PLAN Mr. Hamers reported a written request has not yet been received. CLOSED SESSION WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 628 W. 19th Street, Costa Mesa, California AGENCY NEGOTIATORS MAY INCLUDE: Arlene Schafer, Jim Ferryman, Rob Hamers, Tom Fauth, and Joan Revak NEGOTIATING PARTIES: Cheong Lee Family LLC UNDER NEGOTIATION: Price and Terms of Purchase PROPERTY: 1914 Meyer Place, Costa Mesa, California AGENCY NEGOTIATORS MAY INCLUDE: Arlene Schafer, Jim Ferryman, Rob Hamers, Tom Fauth, and Joan Revak NEGOTIATING PARTIES: Gene LaBlanc UNDER NEGOTIATION: Price and Terms of Purchase President Schafer determined a Closed Session was not needed and asked Mr. Fauth for a brief report. Mr. Fauth reported there may be an agreement with the owner of 1914 Meyer Place regarding parking for the new site and had no additional information regarding the sale. Mr. Fauth reported the current tenant will vacate by June 3, 2004. NEW DISTRICT HEADQUARTERS — 628 W. 19T" STREET RESOLUTION NO. 2004 -681, CONFIRMING AND RATIFYING PURCHASE OF PROPERTY LOCATED AT 628 WEST 19TH STREET Mr. Burns presented RESOLUTION NO. 2004 -681, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT CONFIRMING AND RATIFYING PURCHASE OF PROPERTY LOCATED AT 628 WEST 19TH STREET, COSTA MESA, CALIFORNIA AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. Director Ferryman motioned to adopt Resolution No. 2004 -681. Director Perry seconded. Motion carried 5 -0. COSTA MESA SANITARY DISTRICT t MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 _ PAGE H UPDATE AND APPROVAL OF IMPROVEMENTS PURCHASE OF FURNITURE Mr. Hamers presented three quotations from Vertex Office Furniture for new furniture for the District's headquarters at 628 W. 19th Street, Costa Mesa. The quotes were for three levels of furnishings: Hoffman - $84,427.51, Medley - $105,929.03, and Mosaic - 118,755.59. Staff believes it is in the best interest of the public to purchase the furniture directly from Vertex rather than incur the time delays associated with obtaining additional quotations. Mr. Hamers provided a list of reasons for the recommendation as follows: 1. The contemplated line of furniture has a three -week manufacturing process followed by a one -week shipping process. A lengthier process will delay the District's schedule resulting in additional rental costs from the City. 2. Vertex is able to apply a special national contract discount to this line of furniture. 3. The line of furniture meets the quality standards of ANSI. 4. Vertex office furniture proposes to provide free interior design and space planning including consultation on services not provided by Vertex including paint, wallpaper and carpeting. 5. Vertex typically sells furniture on a low margin as described in Vertex's proposal. Vertex also provides and extensive warranty and customer support as well as having provided the District's existing furniture. Mr. Hamers also provided a letter from Mr. Tom Harold, Vertex, dated May 7, 2004, outlining the list of advantages and features Vertex will provide to the District. Mr. Fauth provided an overview of the furniture brochures, sample board, and layout of the new building depicting office and meeting room locations. Mr. Puckett and Mr. Young returned to the meeting at 7:00 p.m. Ms. O'Donoghue left the meeting at 7:00 p.m. • • mow. L _ COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 PAGE 9 Director Perry suggested requesting a 4% reduction before tax and freight. Director Perry motioned it was in the best interest of the public for the reasons as stated, to approve the quote for the Medley furnishings, $105,929.03, and execute the agreement with Vertex; first requesting a 4% reduction before tax and freight charges, for a total not to exceed $125,000. Director Woodside seconded. Motion carried 5 -0. PUBLIC SAFETY EMERGENCY SERVICES EXPO — SUNDAY, MAY 16, 2004 Mr. Fauth reported the 10th annual Public Safety Emergency Services Expo will be held on Sunday, May 16, 2004, at Fire Station #4, 2300 Placentia Avenue. The District will provide a public outreach booth at the event. RECYCLING COMMITTEE — TUESDAY, MAY 5, 2004 - 9:00 A.M., CR -1 A DIRECTORS WORTHINGTON AND WOODSIDE STRATEGIC PLANNING 2004 — PUBLIC OUTREACH — CLASSROOM RECYCLING PROJECTS Director Worthington reported the presentations are winding down with the school season ending. Director Worthington reported there will be one additional recycling event next week and invited Directors who have not yet attended a classroom recycling event to attend. ENGINEER'S REPORTS WASTE DISCHARGE REQUIREMENTS — (WDR) GENERAL UPDATE Mr. Hamers reported things are still moving forward. Mr. Burns had no additional information for the Board. CMSD 19TH STREET SEWER CONSTRUCTION AND CITY REHABILITATION OF 19TH STREET AND PLACENTIA AVENUE Mr. Hamers provided an update on the CMSD 19th Street Sewer Construction and City Rehabilitation of 19th Street and Placentia Avenue. Director Worthington inquired as to the impact on the new District office. Mr. Hamers reported the City has put out an addendum to the contract document to require the work in front of certain areas (the DMV and new CMSD headquarters area) be done on the weekends. COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING r MAY 10, 2004 PAGE 10 Mr. Hamers suggested maps be distributed advising alternate directions to arrive at the District's new building. TREASURER'S REPORTS Mr. Puckett was available to answer any questions. ATTORNEY'S REPORTS ORDINANCE NO. 45, PROVIDING PURCHASING AUTHORITY FOR AN INDEPENDENT PURCHASING SYSTEM Mr. Burns introduced Ordinance No. 45, AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT PROVIDING PURCHASING AUTHORITY FOR AN INDEPENDENT PURCHASING SYSTEM. Director Ferryman motioned to adopt Ordinance No. 45, Providing Purchasing Authority for an Independent Purchasing System. Director Perry seconded. Motion carried 5 -0. LOCAL MEETINGS ORANGE COUNTY SANITATION DISTRICT (OCSD) REGULAR MEETING - APRIL 28, 2004 (DIRECTOR FERRYMAN Director Ferryman attended the April 28, 2004, meeting and reported the following: • Vote to approve $38 million increase in ground water replenishment • Director Ferryman to run for vice chair of OCSD, CMSD to provide letter of support El 0 COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS REGULAR MEETING m {^ MAY 10, 2004 PAGE 11 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY (ISDOC) QUARTERLY MEETING - APRIL 29, 2.004 President Schafer attended the Executive Board Meeting on April 6, 2004 and the Quarterly Meeting on April 29, 2004 and reported the following: • Preparation for General Meeting at the Executive Board Meeting of April 6, 2004 • Mr. Ken Lee, LAFCO, spoke on MSRs at the April 29th event LOCAL AGENCY FORMATION COMMISSION ( LAFCO) PROPOSED BUDGET FOR FY 2004 - 2005 /PROJECTED SPECIAL DISTRICT CONTRIBUTIONS President Schafer reported LAFCO adopted a proposed budget for LAFCO operations for Fiscal Year 2004 -2005. California Code Section 56381(a) requires that LAFCO distribute the budget for review and comment to each of its funding agencies. REELECTION OF DIRECTOR SCHAFER TO LAFCO COMMISSION President Schafer reported she won a seat at the election, running unopposed. CALIFORNIA SPECIAL DISTRICTS ASSOCIATION (CSDA) President Schafer attended the May 7, 2004, CSDA meeting and reported the following: • Ongoing conference calls regarding the Governor's budget and special districts • President Schafer and Director Worthington will be attending Government Affairs Day • President Schafer asked to represent Special Districts on May 12 along with League of Cities and other organizations • Ortiz bill to go to suspense file • Legislation meeting in June • Governor working to balance budget ■ President Schafer provided notes for the Board's perusal COSTA MESA SANITARY DISTRICT u ' MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 PAGE 12 CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) 2004 SPRING CONFERENCE - APRIL 29 -MAY 1, 2004 LAKE TAHOE (DIRECTOR WORTHINGTON) Director Worthington attended the California Association of Sanitation Agencies 2004 Spring Conference in Lake Tahoe. Director Worthington distributed a list of acronyms and a wallet -sized list of biosolid communications key messages. Director Worthington provided a brief report on Senator Ortiz's bill and stated CASA determined there are 2,200 Special Districts in the State of California. Director Worthington reported there was a great deal of information discussed at the meeting and he will prepare and distribute a full written report to the Board. The next CASA meeting will be August 4 -7 in Monterey. OLD BUSINESS .TUNE 10, 2004, 4:00 P.M. MEETING AT COSTA MESA HISTORICAL SOCIETY Ms. Revak reported the June 10, 2004, meeting will be held at the Costa Mesa Historical Society at 4:00 p.m. NEW BUSINESS NOVEMBER 2, 2004 ELECTION - BOARD OF DIRECTORS Ms. Revak reported receiving a communication from the Registrar of Voters requesting information for the November 2, 2004 Election, including the length of candidate's statements (200 or 400 words) and whether the District will or will not pay for the candidate's statement of qualifications. The Costa Mesa Sanitary District Operations Code states: "Candidate's statements shall be limited to 200 words or less and each candidate shall pay his /her own costs of candidate statements and any translations into languages other than English. (Ord. 30 1999)" Candidate filing is July 12 through August 6, 2004, at 5:00 p.m. The Candidate Handbook will be completed mid -June. Directors Perry and Ferryman are incumbents of the two Director seats to be filled in the 2004 election. • • • COSTA MESA SANITARY DISTRICT JA MINUTES OF BOARD OF DIRECTORS REGULAR MEETING MAY 10, 2004 PAGE 13 COSTAMAZING: DINING THROUGH THE DECADES -- FRIDAY, JUNE 25, 2004 Ms. Revak reported The City of Costa Mesa will present Dining through the Decades at the Mesa Verde Country Club on Friday, June 25, 2004, at 6:00 p.m. Directors Ferryman and Perry expressed an interest in attending. President Schafer will be attending as a guest of the City of Costa Mesa. Directors will confirm their attendance with Ms. Revak. ORAL COMMUNICATIONS AND DIRECTOR COMMENTS Director Worthington reported he spoke to Councilman Allan Mansoor and Eric Beaver regarding commercial trash collection. Mr. Hamers reported he received a communication on May 7, 2004, from Mr. John Moorlach, Orange County Treasurer, requesting permission to nominate Mr. Robert Otero to the Treasury Oversight Committee. The Board determined they did not have enough time to research and respond to the request. Mr. Hamers will communicate the Board's position. Mr. Hamers thanked the Board for their dedication to the move and commended them for the series of excellent decisions made. ADJOURNMENT At 8:24 p.m., President Schafer adjourned the meeting. SECRETARY • PRESIDENT ONIt,�,�po, f 4 OR COSTA MESA SANITARY DISTRICT MINUTES OF BOARD OF DIRECTORS SPECIAL MEETING JUNE 21 2004 The Board of Directors of the Costa Mesa Sanitary District attended a duly noticed Special Meeting on June 2, 2004 at 11:30 a.m., in Conference Room 1A at the Civic Center, 77 Fair Drive, Costa Mesa. Directors Present: Arlene Schafer, Greg Woodside, James Ferryman, Arthur Perry Dan Worthington Staff Present: Robin B. Hamers, Manager /District Engineer; Thomas A. Fauth, Assistant Manager; Joan Revak, Clerk of the District; Alan Burns, General Counsel; Marc Puckett, Treasurer; Bobby Young, Accountant • Others Present: Wendy Davis, CBIZ Accounting, Tax & Advisory of Orange County, Inc. I. Public Comments There were no public comments made. II. Total Annual Costs of Proposed Ca1PERS Contract In accordance with Government Code Section 7507, the total annual costs of the proposed CalPERS Contract were presented. Director Ferryman motioned to approve the annual costs in the first year amount of $52,578.00. Director Perry seconded. Motion passed 5 -0. III. Report on New District Treasurer Mr. Hamers introduced Wendy Davis as the new District Treasurer effective July 1, 2004. Ms. Davis is assisting in the purchase of a new software package for the District and is involved in the selection of an Accountant for the District. • Costa Mesa Sanitary District Page 2 Minutes of Special Meeting Held June 2, 2004 IV. Progress on Items Pertaining to New Headquarters a. Consider Follow Up Agreements to Close of Escrow for Property at 628 W. 19th Street, Costa Mesa Documents pertaining to close of escrow were presented for signature by the President and Secretary of the Board of Directors. The Board of Directors approved and the President and Secretary signed the statement of estimated closing costs. The Board unanimously approved the issuance of a closing payment in the amount of $731,627.82. Ms. Revak will have the check delivered to First American this afternoon in anticipation of closing .on June 3, 2004. Mr. Burns reported the issuance of a letter to the seller stating the District negotiated the property under the threat of condemnation33 Mr. Fauth reported the receipt of a credit letter from the seller for $500 in lieu of the seller repairing the water heater. b. Consider Architectural Plans and Progress of Tenant Improvements Plans for the tenant improvements are in the approval process at the City of Costa Mesa. Quotations from contractors are due Friday, June 4, 2004. Attorney Alan Burns suggested the District establish a rental rate from the City of Costa Mesa in the event the new headquarters are not ready for move in on July 1, 2004. Mr. Fauth reported on software packages investigated by Staff and recommended the District purchase the Springbrook Package. The recommendation was based on a comprehensive review of eight accounting software packages including software capability, ease of programming, technical support, report generation and cost. Director Perry motioned to approve the purchase of the system from Springbrook for a sum not to exceed $85,000.00. Director Ferryman seconded. Motion carried 5 -0. Director Woodside left the meeting at 12:30 p.m. C. Update on Purchase of Furniture Ms. Revak reported the furniture for the new District headquarters has been ordered from Vertex and a 50% deposit made, as approved by the Board of Directors at the regular May 10, 2004 meeting. Delivery time for the furniture is approximately four weeks. 0 Protecting our community's health 6y proodmi g solid waste and sewer coQeawn services costamesasaniwrydustria org Costa Mesa Sanitary District Page 3 Minutes of Special Meeting Held June 2, 2004 0 d. Consider Computer Requirements for New Building • Mr. Harriers and Mr. Fauth presented a report on District computer requirements. Staff recommended the District add on to the present agreement with TRC who maintain the telemetry system for the District's 20 sewer pump stations. TRC is able to provide the new hardware, software, networking, cabling and installation in the new building. Staff determined that it was in the public's best interest to recommend TRC due to their familiarity with District computer systems allowing them to obtain and install the new components without causing a delay to the schedule. Director Perry motioned to approve the agreement with TRC, for the reasons stated, not to exceed $75,000, including change orders. Director Ferryman seconded the motion. Motion carried 4 -0. e. Consider Administrative and Personnel Rules and Regulations Mr. Fauth reported the Administrative and Personnel Rules and Regulations are in the final stages of preparation and will be presented to the Board at the next Special Meeting on June 16, 2004. President Schafer adjourned the meeting at 1:07 p.m. Secretary President o wecang our community's health 6y providting solid waste and sewer coQeawn serr= . costauuuesasanitarydustha org t iTO: Costa Mesa Sanitary District Board of Directors FROM: Ron Shef, Ordinance Enforcement Officer DATE: May 28, 2004 SUBJECT: ORDINANCE ENFORCEMENT SUMMARY REPORT This report covers a five -week period beginning April 19, 2004 and ending May 23, 2004. Approximately twenty courtesy flyers were left for residents with twelve containers over - sprayed due to graffiti. There seems to be an increase in the number of containers seen with residents' addresses or apartment numbers painted on for I.D. purposes. This period of collection did not include any holidays, which might have disrupted normal schedules. The resident on Masters Circle who had refused to comply with our Ordinances seems to have finally come around to the District requests. He had an enclosure built on part of his driveway which now houses a 90 gallon District container used for collection. It seems his handicap (which required him to use a 35 gal. container) no longer exists. Hopefully, this 2 -year battle is now over. Another situation on E. 20th St. about containers always in view was resolved. An explanation to the resident was provided about the District Ordinances and courtesy notices. The neighbor (complainant) was informed of the action by the Enforcement Officer and, for the moment, is satisfied if problem stays dormant. When a resident calls in a complaint about a neighbor's containers in view or left at curb they tend to feel the problem can be cured overnight. Many times, it takes several weeks of constant monitoring and courtesy notices not to mention considerable public relations work with the caller. Many residents want 24 -hour action while appropriate procedures dictated by the District require considerable time to correct the problem. The Enforcement Officer, on a few occasions, contacted our hauler, Costa Mesa Disposal, relative to trash on some streets or at several homes not being collected. possibly due to driver error or new employee or route. These problems have been taken care of by the field supervisor Frank very rapidly, therefore, satisfying District residents. Also, many residents are asking the Enforcement Officer about the large item collection program scheduled for this summer. Enforcement Officer has explained the program to residents who always look forward to it. Ordinance Enforcement Report 4/19/2004 - 5/23/2004 DATE STREET INDEX ADDRESS STREET NAME DESCRIPTION OF VIOLATION ACTION 5/21/2004 1610 369 E. 20th St. At curb Pink flyer 4/19/2004 1610 410 E. 20th St. Water heater at curb Blue flyer 4/19/2004 0 ,,..__.� � 4l��r 9t2 ... _,. ....•~a T..�, .i. ..,. ,. ;. n :c...;�.- • �,i z .��....- �'3',- „.e.a,.� ... 5/21/2004 1610 459 - , . � ;�.: � ..n.__ ., . 62 1 :0 . � ^. . � n:,<. -:. X � 4_ 98 �,... - .r ,._ �'z3Y4 :,.. ^RZC. rrz.. 4 ,, s. • ?j 3 ..kc ,fir- ,..- ✓,c ,_., sszC.. J- cu, ... ,,,. , ..,_..,.,. , .... . .......... .... � �a , ... s .� ,6,.a..,�a€:a"��'r�..,�... 1630 389 E. 20th ^•r,. . .: �., r.. 2 Oih.�SS,. tt .^ . a was. ✓ ,,,,.^ .,w:. F., ... ...f. ,.' ,._ z+'. ,. ^ ..,,,�, v.,i�• ,. ,. ,....- �i ... ,': .,-�me � m,?�a,:,.a ,..� sa;p a` -..e E. 21st St. Easy ch.� .. _a:.^ - i r at �c,.., ur b > ,.n,i , .. . , •.:;;, . ,.': {, c, . , I n n' 3 .:. :3..,.. ,... ,., ,..... _ $ .. ...,. ., ... i r .....,., -... S �' ^ .... ,. , ...,.� . - ._ ,�i_+;?,:�^ „. �:..h Ai ,;:. 2�1... t „� � . ,-,... w. �.,. �, m� ..k�as"za�,�"'''`�.,�.•....... > ,.., -. � ,,,, , - �..T. -. At curb . B�. lu;. e v :flyer u . ..... ..'. r ..v....a;a'@. F S. :". ^. < .. ..... ..... : Y a:.. L� �•. e. „. - '$'. - -� :- : ..... ':•: ...o.,.., .n...�:..�sQS�, .. ” z . w..�..�',�< -,.,. M..,�..�,, a Pink flyer 5/11/2004 3670 2109 Federal Ave. At curb Pink flyer 5/11/2004 5980 830 Plum PI. At curb Pink flyer 5/11/2004 5980 831 Plum PI. In view Pink flyer 5/11/2004 5980 834 Plum PI. In view & at curb Pink flyer 5/11/2004 5980 837 Plum Pl. In view Pink flyer 5/11/2004 5980 838 Plum PI. In view Pink flyer 5/21/2004 6330 156 Rochester St. At curb Pink flyer 5/21/2004 6360 289 Rose Ln. In view Pink flyer 5/21/2004 6360 290 Rose Ln. In view Pink flyer 5/21/2004 6590 1750 Santa Ana Ave. At curb Pink flyer 5/21/2004 6590 2135 Santa Ana Ave. In view Pink flyer 5/21/20041 72601 2041 -2045 Tustin Ave. At curb Pink flyer May 2004 5/23/2004 Page 1 of 1 ;, f ., . C.Osta Mesa Police Departure unme Analvslms Beta TO: Capt. Watson FROM: Holly Carver RE: Scavenging April 2004 DATE: Tuesday, May 11, 2004 Here are the scavenging statistics for May 2004. Calls for Service Cite /arrest Area 1 0 3 Area 11 0 0 Area 111 7 0 Area IV 0 0 TOTAL 7 3 Calls for Service Area 1- None reported. Area 11- None reported. Area III - 3074 Gibraltar Av. 04 -01 -04 0739 hours- Call of Male White, 50 years, 57', 170 lbs. with glasses and brown long curly hair digging in the trash. Male contacted in the area but determined not to be digging in the trash. UTL (CH #PD002792) Phalarope Ct. & Swan Dr. 04 -07 -04 1709 hours- Call of Male driving a red truck with blue shell going through trash. PC of area. UTL (CH #PD004652) 835 Capital St. 04 -12 -04 1316 hours- Call of Male Hispanic or Asian scavenging in the area. One male contacted and warned of CMMC violation and told to leave area. NAT (CH #PD005966, DR #04- 13041) Phalarope Ct. & Swan Dr. 04 -14 -04 1703 hours- Cali of subject driving a gray /white Toyota van scavenging on the street. PC of area. GOA (CH #PD006589) Sandpiper Dr. & Swan Dr. 04 -14 -04 1721 hours- Call of Male driving a red truck with blue top going through trash. PC of area. GOA (CH #PD006594) 1607 Wintergreen PI. 04 -15 -04 0749 hours- Call of Male White, 50's, with brown curly hair in the alleyway going through the trash for recyclables. (Possibly homeless) PC of area. GOA (CH #PD006709) Phalarope Ct. & Swan Dr. 04 -21 -04 1758 hours- Call of subject in white Toyota van with gray stripe. Call cancelled prior to dispatch • (CH #PD008562) The information contained herein is provided for Police use only Unless specifically noted, there are no wants or warrants Probable cause to detain must be established Page 1 of 2 �I josta Mesa Police Departmery 4E OFH rime Cites /Arrests Area I- 523 Bernard St. 04 -05 -04 1300 hours- On -view by officer. One male contacted and cited for scavenging. CITE #CMX066682 NAT. (DR # 04- 13270) 745 W. 19t' St. 04 -12 -04 1608 hours- On -view by officer. One male contacted while pulling items out of the trash container at El Toro Bravo. He was cited for scavenging. CITE #CMX052774 NAT. (DR # 04- 13056) 685 Center St. 04 -20 -04 1025 hours- On -view by officer. One male contacted while going through trash in the Center St. alley- looking for cans & bottles. He was cited for scavenging. CITE #CMY0001303 NAT. (DR # 04- 13844) Area II- No cites or arrests. Area III - No cites or arrests. Cc: Joan Revak The information contained herein is provided for Police use only Unless specifically noted, there are no wants or warrants Probable cause to detain must be established Page 2 of 2 • :7 is CMSD Staff CA Front Door Water Master Control Valve Rear Door Meters — Front Yard Parking Entrance Sign Utility Room Electric Hot Water Heater ✓Ieyer Place sidewalk CMSD Staff CMSD HQ, 628 West 19`h St, vacated, Utilities On • 1, Receptionist Open Area Blinds to Replace CMSD Staff CMSD HQ, 628 West 19'' St, vacated, Utilities On Storage closet, first floor Former Kitchen Women's Bathroom CMSD Staff: 714 - 7545043 CMSD HQ Schedule 06110 @004 02/04/2004 Don Gregg Appt - re: 628 W 19th Property site visit: Asst Mgr & Board Secretary_. 02/05/2004 Don Gregg Fax - re: 628 W 19th Pro - $769,000 price and District Ltr of Intent 02/18/2004 Asst Mgr signs "Std Offer, Agreement & Escrow Instructions for Purchase of Real Estate: $700K 02/18/2004 Asst Mgr: Site visit The Lighthouse in Costa Mesa church Pastor Dale A. Fitch, 949 - 548 -7161 _ 02/23/2004 Seller Counter Offer: $760,000.00 02/23/2004 CMSD Special Mt g: $716,000.00 Buyer Counter - Counter Offer 02/24/2004 Asst Mgr signs " Gregg Itr " with $716,000.00 buyer offer 02/24/2004 Asst Mgr signs Unsolicited Offer for 1914 Meyer Place 02/25/2004 Seller signs reply to 2/24/04 buyer offer: $740,000.00 02/27/2004 Asst Mgr signs Buyer final offer: $730,000.00 - "AS IS", ADA Survey included with offer, _ ADD ADA REPORT 03/01/2004 Seller and Buyer Asst Mgr) sign Agreement "AS IS" for $730,000.00 03/03/2004 628 W 19th St Escrow Begins 03/04/2004 $20,00000 escrow check prepared; given to Don Gregg 3-8 -04 Spcl Mt 03/08/2004 CMSD Special Mt - Negotiating Team Authority $730,000.00 price RECAP of Status; 03/08/2004 Don Gregg Ltr: Buying "As is ", "Seller maintains Bldg until closing, including HVAC, plur bin ,electrical" 03/15/2004 Seller gave 30 day Notice to First floor tenant law office: Kirk Macintosh 949 -650 -2827 03/17/2004 CMSD Board & Asst Mgr signed & returned "Supplemental Escrow Instructions" 03117/2004 CMSD President signed & returned "Vesting Instructions" & "Preliminary Change of Ownership Report" 03/23/2004 Al Property Inspections - 949 - 361 -2666 - Peter Walker - Bldg Inspection $$30.00 Note basic electrical and plumbing covered in Al Property Inspection 03/23/2004 Robert Thornton Architect, Inc., RTA Walk-through Mtg at 628 W 19th St - Gave basic District R mts 03/24/2004 Antimite Termite Inspection at Bldg: 628 W 19th St - Craig - Heather 714 -546 -5570 03/24/2004 Received Al Prop Insp Report - Copies for All made 03/25/2004 Received 1 st Am Title Ins Co "Prelim Title R t/Commitment for Title Ins" 03/27/2004 Received Antimite Insp Report - Copy for Rob Hamers $2,880.00 03/29/2004 1 Received RTA Proposal 03/30/2004 CalPERS Actuarial Valuation Contract executed at CalPERS 03130/2004 Received 1st Am Title Ins Co "Underlying Docs & Plotted Easements" 03/30/2004 Don Greeg Itr to Seller broker Brad Rodgers) 1. Ph s Insp by 4 -8-04; 2. Tenant is month -to- month; 3. Building Plans? 04/01/2004 Drafted RTA PSA 04/05/2004 Rob Hamers Reviewed "Underlying Documents & Plotted Easements" with Asst Mgr 04/05/2004 Revised RTA PSA and send to Rob Hamers, Alan Burns 04/06/2004 Refined options for crews with Rob Hamers 04/07/2004 Sunwest Heating AC inspection John 949 -650- 5061), report on file, Cost: $6200 04/07/2004 Requested corrected legal doc from Escrow Officer Dave Neal 04/07/2004 Confirmed RTA PSA edits with Alan Burns 04/0812004 Confirmed legal doe from Escrow Officer Dave Neal in "Underlying Docs" was correct 04/08/2004 Orkin Termite Fumigation estimate due to CMSD (Rusty 949.632 -1008 04/08/2004 Faxed MIS R mts to TRC for proposal Mark Serres 04/08/2004 Crank Brothers Roofing 949 - 548 -5569 Eduardo Fonseca, Orma Crank Re lace missing tiles, Apply edge metal, mastic: $903.00 04/08/2004 Verbal Authority to Proceed ATP given to RTA for Architectural services at a not -to- exceed cost to District of $2,000.0 04/08/2004 Met Don Gregg 628 W 19; Water Heater, Get tenant month -to -month doc, eady escrow 60 days) 0410812004 CMSD Board ratified RTA Agreement, Executed CMSD Signatures; 04/08/2004 CMSD Board signed "Approval Letter for Commitment fot Title Insurance Report" 04/09/2004 Faxed Board signed "Approval Letter for Commitment fot Title Insurance Report" 04/09/2004 Rescheduled ICMA appt with RH, JR for 04/09/2004 Update Implementation Plan - CMSD HQ purchase, IT r mts 04/09/2004 Arrange for RTA to make drawings from Planning Dept microfiche for HQ - to be enterred into AutoCAD 04/12/2004 Mailed Board signed "Approval Letter for Commitment fat Title Insurance Report" 04/1212004 Pricing meeting with Pa chex rep Tina Roman, 1400 hrs 04/12/2004 Receive Orkin Fumigation offer: $3,830.00 without service agreement, 10% Tess with service agreement, 04/12/2004 Don Gregg: Inspections Not required: Haz Substances, Soil, Su (raw land), Existing leases, Financing; 04/1212004 Don Gr :1914 Meyer owner OK on parking a reement > 5 m ; may sell in a trade at a later date, did not like trade offer; 04/12/2004 Don Gregg: Property Information Sheet? Where is it? Also Don to meet with Kirk Macintosh to find another rental/bldg; 04/13/200410900 hrs, Asst Mgr meets with RTA at HQ to measure facility 04/14/2004 Personnel Regulations - Drafting 04/14/2004 "Phase I Implementation Plan Update"; "CMSD HQ Schedule Update"; "628 W 19th St Concepts Update"; 04/14/2004 CMSD Special Mt - Move to CMSD HQ 04/14/2004 RTA faxed initial AutoCAD floor plans for Special Board Meeting 04115/2004 Vertex Mtg at CMSD HQ - piannertfurniture 04/16/2004 RTA delivers floor plans, by Agreement; faxed to CMSD 4- 19 -04; 04/19/2004 Asst Mgr mailed Admin Re s and Personnel Pegs to Mgr and General Counsel 04/20/2004 Vertex faxed table designs to CMSD; TRA faxed second version of floor plans to CMSD 04/20/2004 RTA faxed Version #2 AutoCAD floor plans for Special Board Meeting; incorporated Asst Mgr revisions 04/20/2004 Don Gregg faxed to CMSD tenancy month -to -month letter from Brad Rodgers; Faxed in turn to Mgr & General Counsel 04/20/2004 Don Gregg faxed to CMSD revised tenancy letter from Brad Rodgers; Faxed in turn to Mgr & General Counsel 04/21/2004 Per Don Gregg: David @ 1st Am: Eminent Domain Process begins with CMSD condemnin land & bldg for public use thru court Seller: HVAC ductwork, R &R hotwater heater; CMSD: will pay for roof repair and fumigation; 04/21/2004 S/W evaluations with S rin brook (Marily Rementeria 503 - 820 -2201 & Fund Balance Barb Charles 231 - 873 -1446 04121/2004 04/26/2004 And Gr confirmed from Setter's broker: Kirk Macintosh found a location and will vacate 628 W 19th by close of escrow - need sooner 04/28/2004 Asst Mgr calls CalPERS - Barbara Patterson to confirm completion of application's Actuarial Survey 04/29/2004 RTA delivered first set of plans to CMSD and to Planning for permit review - review due 5- 20 -04; 04/30/2004 Asst Mgr & Board Secretary meet with VERTEX rep Tom Harold to review options and budgets 04/30/2004 Staff met first time with Vertex to review room layouts and furniture re uirments; 05/03/2004 RTA delivered revised plans to CMSD 05/05/2004 IStaff met 2d time with Vertex to review colors, carpeting, furniture, room layouts; 05/05/2004 IStaff releases Accountant ad to public; CMSD Staf.'714A644MM CMSD HQ Schedule 06MG064 05/0712004 Staff met 3rd time with Vertex to review colors, carpeting, furniture room layouts; Finalize furniture order - Have purchase agreement ready for 6 -10 -04 Board Mt 06/02/2004 CMSD Board approved MIS proposal NTE $75K, S rin brook S/W, NTE $85K; Informed Board of Vertex furniture - 50% of $112K (includes $4K disco 06/04/2004 Completed Accountant Interviews - selected Michelle Holguin 06/04/2004 Closed Escrow on HQ 06/04/2004 Arrange for phone service in HQ - Asst Mgr gave verbal ATP to TRC for proposal = cabling, computers, servers, phone s tem, Mark Serres, Matt Brawle (323-363-6863), Mike Onifer 323 -654 -6504 bids to carriers, data line bids; 06/04/2004 GC Quotations due to CMSD at 1400hrs - did not arrive; Called RTA for inquiry. 06/07/2004 Setup Payroll s stem through contractor if not done in -house - Selected Pa chex - meet with Pa chex 6 -9 -04 Tina Roman, 41438 -4000 x4710 06/07/2004 MCWD - water on NO 6-8 -04 in CMSD name 06/07/2004 SCE - Electric on NO 6 -8 -04 in CMSD name 06/07/2004 Asst Mgr confirmed So Cal Gas Cc does not have service at HQ - requested survey site - provide estimate to add gas to site 06/0712004 Asst Mgr meeting with OCE - Tony Caccia a lia - copier service options 06/07/2004 Asst Mgr Request Vacate Excess ROW -Susan S. 06/08/2004 06/09/2004 Union Bank 0900 Mt 06/09/2004 S rin brook Welcome Call - 1000 06/10/2004 Pa chex 1000 Mt - Tina Roman 41438 -4000 x4710 06/10/2004 Recycling Comm Mt - 0900 06/10/2004 CMSD Board Mt g: 1600 hrs - Historical Society 06115/2004 Schedule ITMring in HQ 06/16/2004 Obtain all District licensed software. CDs, licenses, 06/28/2004 District staff paid as City employees submit letter of resignation to City of Costa Mesa Personnel 06/28- 30/2004 IMove into District HQ Arrange for secur4 service in HQ - Have service agreement ready for 6 -10 -04 Board Mt Arrange for landscaping contractor service at HQ - Have service agreement ready for 6 -10.04 Board Mt Arrange for housekeeping service at HQ - Have service agreement ready for 6 -10 -04 Board Mt Arrange for moving company services for 6 -28 -30 -2004 move to HQ - Have service agreement ready for 6 -10 -04 Board Mt 07/01/2004 Internet service starts at new HQ - new e-mail addresses; 07/06/2004 Order new business cards with new phone numbers, HQ address, e-mail address 0710712004 Plan to Lease low- emissions Vehicle (hybrid?) 08/02/2004 Begin Vehicle lease 08/05/2004 Press Release: Grand Opening, Schedule for Thursday 6 m, 8- 19 -04, Invite dignitaries, Special Districts, City Officials, 08/19/2004 6 m, CMSD HQ Grand Opening Y ALAN R(RNS JOHNR HARPER* L'OLIN R &IR`rS uP uMLINRFM 1UDI A 7JR r1N• MICHAEL MG`ll'C;��MERti °A VROfERO Ill. 00A. -nk A nON June 7, 2004 Thomas Wood, Esq. Acting City Attorney City of Costa Mesa 77 Fair Drive Costa Mesa, California 92627 LAW OFFICES OF HARPER & BURNS LLP ..(aarpnu.nomn.Rn + rx wa3mu(a.vRaresa3x�zcoRrc%L,las A53 S GLASSELL STREET ,J RANGE. CALIFORNIA 02V& R WER Gni CA)d RFRNARnOJn (Mg,) F'4fK�11 !714) TI 'TJ� FAX (711) 744 -7 ?5V RE: City / District Agreement — Second Draft Dear Tom: Attached please find a revised City/District Agreement that was modified in light of the understanding reached with Mr. Roeder. Accordingly, the Agreement provides for continued use of Field Services personnel, spells out their performance standards, and describes the compensation to be paid to the City and the fact that this arrangement is for a one year term, subject to renewal upon the further agreement of the parties. The Agreement also reflects the fact that we will not be cow-acting for continued financial services with the City. In response to Marc's letter dated March 4, 2004, the following additional comments are provided in response to each corresponding numbered point: 1. A "definition of terms" section has not been included and the comment was made that there might be a need for such definitions as terns were used interchangeably. We ask that you describe what terms need defining. 2. Attachments I and 2 were not originally provided. Attachment 1 is to be the property description and is yet to be prepared, We agree with Mr. Roeder that subordinate employees can prepare such a list. With respect to Attachment 2, that is now attached as a description of the Field Services work to be performed, positions covered, the performance standards, compensation and term. We also propose an Attachment 3 which is the 1993 AB 939 agreement. TO 1J IVA SS :JT tooZi0Ti90 i it Thomas Wood, Esq. City of Costa Mesa June 7, 2004 Page 2 3 indirect costs - this is no longer an issue. 4. The issue of a city employee and district employee working side by side has been substantially eliminated by the fact that this is a one year agreement. Mer the first year, we can reexamine this issue and if a further year is agreed on; make adjustments. It is proposed to leave this issue alone for now 5_ Paragraph 6(a) "seems to suggest that the District has statutory authority over 'Small multi- family dwellings."' Since it was unclear that the District had this jurisdiction the City removed this wording from the Agreement. The District clearly does have jurisdiction "over small multi - family dwellings utilizing curbside service." By this we mean those multi - family dwellings which we serve through our exclusive franchisee. The law is firmly established that a sanitary district exercises the power of the state which is superior to a general law city's powers. Since the District has acted to serve these small multi - family dwellings, a city may not interfere with that exercise of power. See California Constitution, Article, Section 7; linme Crardens Sarutar; District y [.- ►T.of Corona (2002) 116 Cal.Rptr.2d 638; Ru 'strict v Board of f upervisnrs (1999) 84 Ca1.Rptr.2d 601. Perhaps we have misunderstood your concem. 6. We are willing to revise the language in paragraph 7 to assure you that we will continue to provide the current protections for recycling. We will also add any words you desire regarding Christmas trees. We have revised the agreement to Incorporate the previous agreement. Please provide your input on the same. 7. General provisions - (a) Our position is there is no need to put "attorneys fees" provisions in agreements between government entities. We also do not see a need for describinD what law applies, it seems rather obvious since we both are both located in the same locale and the Agreement will be performed in the same area. We certainly have no objection if you believe that is needed, however. If so, please provide suggested wording. (b) Termination provisions - Given that the Agreement is for one year at a time, this does not seem to be a big issue but please advise if you want a right to terminate earlier and if you want it only- if cause exists or if you would also want a temunation provision without cause and the timing of the notice related to the same_ Since this is something you have asked for, please provide proposed language (c) Office equipment will be handled by Attachment I when completed. 70Z XVA SS:7i 600Z!O1i90 I-0, d %` b Thomas Wood, Esq. City of Costa Mesa June 7, 2004 Pace 3 Please provide your further input on the above and thank you for your comments to date Best regards, ek Alan R. Burns District Counsel IVA 8S:ZT 600Z%01/90 AGREEMENT This Agreement is made and entered into this day of 2004 by and between the nct") and COSTA MESA SANITARY DISTRICT, a California sanitary disrefa (hereinafter to the following facts the CITY OF COSTA MESN a municipality (hereinafter "City") with WHEREAS, District was established in 1944 and predates the incorporation of the City, WHEREAS, Distract currently provides sewage collection and certain residential trash of the collection through its exclusive franclusee for area that is currently ,vithin the incorporated limits City, as well as for unincorporated areas and parts of Newport Beach; WHEREAS, City was incorporated in 1953 and provides, through a permit s}'sterr� for the licensing of trash collection by companies within the Cit}' on a non-exclusive basis, �LZ IEREAS City is primarily responsible for source reduction and recycling pursuant to the provisions of Public Resources Code Section 40000 et seq. but City and District have cooperated in ensuring compliance with that law and District has provided for vanous programs and contracts to provide for recycling and to provide for the documentation requested by the City to report to the State the percentages of waste reduction achieved, WHEREAS, City and District have cooperated with each other to accomplish these respective missions and to comply with State mandates, WHEREAS, pursuant to that cooperation the City and Distnct have entered into a series of agreements for cooperation; WHEREAS, those agreements have inciuded a 1955 agreement, as amended in 1978 and parties which have superseded those agreements, 1986, and by the present agreements between the WHEREAS, those present agreernents include a December 9, 1993 agreement setting forth the City/Distnct relationship, a Lease Agreement (hereinafter "Lease ") dated April 14 1994 by and between the parties by which District leased space from the City in City hall, and an agreement dated November 1, 1993 setting forth certain respective Code Sectione40000 pursuant to the , also popularly el nown Waste Management Act of 1989 (Yub1 c �B " 939 as � 939"): )XHEREAS, it is the intention of the parties to supersede the above - mentioned agreements except as otherwise stated herein and to set forth the parties' ongoing rights and duties in this Agreement', WHEREAS, Government Code Section 6500 et seq. provides that two public agencies may jointly exercise common powers and the parties hereto desire to do so, t xv.j SS:ZT too F "o1'90 MAMA WHEREAS, the Sanitary District Act of 1923 (Health and Safety Code Section 6400 et set}.) provides, at Section 6517, that the District may, ry employ and pay necessa agents and assistants and the District does hereby desire to do so, WHEREAS, Section 6497 provides that the District may establish a classified civil service system for its own employees and the District does hereby desire to have its own employees and to hire certain employees that are presently City employees and to provide for their wages and benefits; NOW, THEREFORE, the City and District do hereby desire to set forth a new agreement governing their respective rights and duties in the above matters and in such other matters as may be provided herein. The parties agree as follows: 1. District Office mare I Term*natinn of C'ih• Lease. (a) District has determined to obtain its own office space and to terminate the lease with City which was originally entered into on April 14, 1994 and which was also referenced in the City/District Agreement dated December 9, 1993. District has given one year's notice to City as required by Section 10.03 of said City/District agreement on May 29, 2003 to be effective on June 30, 2004 and has been working with Ciry to cooperate in surrendering the City -owed premises in good condition. (b) City has agreed to allow District to remain as a hold -over if necessary on a month to month basis as provided in Section 15 of said Lease. District agrees to use all appropriate diligence to find a new office location and to cooperate with City in providing a smooth transition. District agrees to remain liable as provided under said previous Lease for any damages caused City by District's vacation of the premises or by the condition of the property at the time of surrender. (c) The parties agree that other than the above, there are no other remaining issues between the parties with respect to the Lease or any obligations thereunder. 2. Rral Proptr$. (a) All real property utilized by District pursuant to either the City(Distnct Agreement or the Lease are confirmed as being the City's and District claims no interest in said real property except as provided hereafter. (b) All sewer lines and related appurtenances (including but not limited to pump stations, vaults, etc.) are hereby confirmed as being District's property along with such rights in the streets and other public right of ways or other City property to allow District to maintain and repair said lines and appurtenances. 3. I!ersonal Property. (a) The parties desire to set forth the respective property rights in personal property hereby. (b) The parties agree that the District is the sole owner of its office equipment and other property as set forth in Attachment 1. 2 XVA SS :ZT t007 /01/90 (c) The Distract also owns certain equipment used in field services as provided in a separate section of Attachment 1. (d) The District also owns the pump hoist which is presently installed at the City Yard. The pump hoist is to remain at Cit}, Yard so long as District contracts NN6th City for field crew services_ (e) City is the current owner of all vehicles that are presently registered to City or for which City has ownership rile stanilh�._ni�.� t upon terrninatioti_of -cif �, emci }Lta_utiltze_4Jt�_ti °1d_rrel4 - CrAjces. It is the intent of the parties that equipment and supplies used by the District shall be the property of the District if listed as such on the Exhibit but the parties further agree that the list is not rneant to be exclusive, but the parties' best attempt to memorialize the status of large items of property that have been identified. 4. EmplaXas. (a) District intends to hire the follo«ing present City employees. - :Management Analyst (Tom Fauth) . Clerk of the District (Joan Revak) - Penlut Processing Specialist (Debbie Bjornson) - Permit Processing Specialist (Denise Gilbert) (b) District intends to establish wages, benefits and working conditions for these employees that are generally comparable to existing benefits including membership in PERS and health benefits. Nothing herein provided shall prevent District from providing better benefits for said employees, however (c) District will establish other terms and conditions of employment for the above - listed employees and for other employees that may be different than for the employees listed in (a) above, but the above - listed employees shall be given generally comparable rights to those presently provided by city . (d) Upon the establishment of the parameters of their job with the District and the execution of this Agreement said employees shall be expected to resign their positions with the City. 5. Contracted -Fnr Srrvirrs. District desires to continue to u[ilize the services of certain City Field Services employees by contract as follows: - one senior lead maintenance worker - three senior maintenance workers 3 s0Z 1VVA ss :zt too -ot so �4 1 P5 - one senior maintenance technician Said field service personnel shall provide service to the District as requested by the Manager, Assistant Manager or such persons as they shall determine. Said field service shall generally consist of cleaning the entire sewer system on a yearly basis, maintaining the pumping stations in proper working order, providing reports and recommendations to the Manager for improving the sewer systerrq responding to sewer spills on public and private property, providing a liaison to propert), owners regarding private sewer lateral problems, working to reduce the number of sewer spills, and continuing to provide standby- duty on a rotational basis. So long as District contracts with City for field crew services, the City's 24 -hour communications center shall be utilized for emergency notification to field crews and the District's telemetry system receiving unit shall remain in the City Communications Center. The services to be provided and payment for said services shall be in accordance with the rates set forth in Attachment 2 6 Franchi a Stares- (a) It is recognized by the parties that District has exercised its statutory state powers to award an exclusive franchise to an exclusive franchisee for trash collection for all single - family residential dwellings and small multi - family dwellings utilizing curbside trash collection service within District and has exercised its authority to provide a sewer s} stem to all structures within the District and required all such properties to connect to District's system. (b) It is further recognized by the parties that neither City nor District has imposed an exclusive franchise arrangement for other property that is not a single-family residential dwelling but that City- has authorized collections of such trash for commercial, industrial and multiple family dwellings by licensees on a non - exclusive basis 7. Recycling. The parties acknowledge that State law has imposed significant duties on Cit), pursuant to the Integrated Waste Management Act of 1989 (Public Resources Code (PRC) Section 40000 et seq.) District agrees to cooperate with City to enable City to account for and meet its obligations to reduce waste from entering the waste stream and to account Tor waste diverted, and intends to continue its education programs to encourage source reduction and recycling. Cih acknowledges that it has waived any obligation that might have existed for District to pay fees to implement the City's Source Reduction and Recycling Element, as set forth in City Resolution No. 93- 1.1, and as menionah7ed in an agreement between Cite and Distract dated November 1, 1993._�Fhe \(. ,JiinellL i r t r i. �7. I it I• .i t i .�)L11�L1,L1:1111_ I`: Ck'[ S. ]ndemnifiration. (a) District shall protect, defend, indemnify and hold harmless City and its elected and appointed boards, officers, and employees from any and all claims, liabilities, expenses or damages of any nature, including attorney fees; for injury to or death of any, person, and for injury to any property, including consequential damages of anti nature resulting therefrom, arising out of or in any way connected with any intentional misfeasance or nonfeasance, or negligence in the performance of this Agreement by act or omission, by or on behalf of District. (b) City shall protect, defend, indemnify and hold harmless Distract and its elected and 4 lt'd SS:ZT tOOZ /01/90 de "d 096 appointed boards, officers, and employees, from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with any intentional misfeasance or nonfeasance, or negligence in the performance of this Agreement by act or omission, by or on behalf of City. 9, Cooperation- Each of the parties agrees, when and as requested by the other party, to execute and deliver to such party, any and all documents, deeds, releases or conveyances, necessary or corrvenient to show title or power or authority vested in accordance with this Agreement. 10 Xyai uls. No waiver by City or District of any provision hereof shall be deemed a waiver of any other provision hereof 11. prier AgreemrnJs- This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all writings and oral negotiations This Agreement may be modified only in writing signed by the parties in interest at the time and will prevail over any inconsistent provision in any other contract document appurtenant hereto. 12- Sev irahA4. The unenforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. 13. Nn i o. Any demand, notice or declaration provided for under this Agreement shall be in writing and served either personally or sent by registered or certified United States mail, postage prepaid, addressed to the parties as set forth below. C iTY DISTRICT City ofCosta Mesa Costa Mesa Sanitary District Attention: City Manager Attention. District Clerk 77 Fair Drive �S V`��- Costa Mesa, California 92628 Costa Mesa, California 926225 5 I�'3 9� : ZT t00Z /01/ 90 t CD d G o "�1 1. ?o In witness whereof, the parties have affixed their signatures below. City of Costa Mesa Approved As To Form City Attorney City Manager Mayor ATTEST: City Clerk 3 Costa Mesa Sanitary District Approved As To Form District Counsel District Manager / District-Engineer President, Board of Directors Secretary, Board of Directors IVA 8S:Zi b00Z /01/90 OT, :j AGREEMENT 1.01 THIS AGREEMENT made and entered into this 1st day of November, 1993, by and between the CITY OF COSTA MESA, a municipal corporation (hereinafter "CITY ") and the COSTA MESA SANITARY DISTRICT, a 1923 District Act agency (hereinafter "DISTRICT" 1.02 RECITALS: WHEREAS, CITY is charged with compliance with the Integrated Waste Management Act of 1989 (Public Resources Code ( "PRC ") S 40000 et seq., popularly known as AB 939 (hereinafter "ACT "); and WHEREAS, CITY has adopted certain ordinances and resolutions relating to the administration of the CITY's obligations including a fee resolution authorized by PRC § 41901; and WHEREAS, CITY has set said fee at seventy -five cents ($0.75) per ton of solid waste picked up which is to be imposed upon the producer of solid waster collected by the hauler on behalf of the CITY; and WHEREAS, DISTRICT has in place contracts with both a trash hauler for single family residences and with a recycling processor; and WHEREAS, CITY desires DISTRICT to assume a portion of the obligations of the ACT as shall hereinafter appear. NCW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows: 2.00 WAIVER OF FEE: 2.01 CITY agrees to waive the DISTRICT obligation to pay fees established by CITY Resolution No. 93 -14. 2.02 CITY reserves the right to re- impose the fee under Resolution No. 93 -14 on DISTRICT, its contract hauler and single family residential customers in the event the CITY determines the DISTRICT and its contract hauler are not in compliance with Ordinance Nos. 92 -31 and 93 -7 and the ACT. CITY shall give thirty (30) days written notice to the DISTRICT of its determination and re- imposition of the fee. The re- imposition of the fee under Resolution No. 93 -14 shall not waive the DISTRICT'S obligations under this Agreement for any fines due to DISTRICT or contract haulers's non - compliance with Ordinance Nos. 92 -31 and 93 -7 and the ACT. SS:Z1 6002 /01/90 o 3.00 DISTRICT OBLIGATIONS: 3.01 In exchange for a waiver of the CITY imposed fees established by CITY Resolution No. 93 -14, passed and adopted by the CITY on March 15, 1993, and any subsequent resolutions affecting said fee, the DISTRICT agrees to assume all responsibilities and obligations under Ordinance No. 92-31 and 93 -7, and as may be amended, which implement the CITY's requirements under the ACT. DISTRICT agrees to assume the responsibilities of .CITY under the ACT for single family residences within CITY and will accept all liability, including fines, damages, costs, and attorneys fees, associated with the non - performance of DISTRICT, its contract hauler and its usable recovery's contractor on single - family residences in that portion of the DISTRICT lying within the geographical boundaries of CITY, and for any fine imposed on CITY by the California Waste Management Board ' under the ACT based on non - performance by DISTRICT'S contractors. CITY and DISTRICT recognize that the right to impose fines by the California Waste Management Board for non - compliance with the ACT was suspended as part of the adoption of the 1993 -94 State budget. TT1I 3.02 DISTRICT agrees that in the event the right to impose fines is reinstated, the DISTRICT will reimburse CITY for any loss it might incur by way of fine for the failure of DISTRICT or its contractors to meet the requirements of the Act. DISTRICT will post a performance bond equivalent to one day's fine to guarantee its performance of the obligation set forth herein. 3.03 DISTRICT shall compile such reports and other informational data as may be required by CITY and shall submit them to CITY from time to time to show compliance with District's obligations under this Agreement. 3.04 DISTRICT will continue to provide, in conjunction with the publisher, the collection of telephone directories and their recycling into usable materials without cost to the CITY. 3.05 DISTRICT will advertise a City -wide Christmas tree recycling program including the collection of trees from residents served by curbside service and deliver to a central location as determined by the City. The City will provide a contractor to reduce the trees to mulch and remove material. 3.06 DISTRICT agrees, where others have contributed to the collection of trees or directories, to apportion the tonnage collected toward the tonnage requirements of other producers of solid waste such as commercial, multiple housing, industrial and institutional producers. VA XVJ 8S:ZT b00Z /OL /90 11 G L= V L ' VVJV'JC- L L-1`41 li t 3.07 The obligations of DISTRICT under this Agreement are limited to single - family residences and do not include multiple family residences where DISTRICT'S contractor does not now serve, commercial or industrial developments or institutional developments. 5.00 GENERAL TERMS: 5.01 The term of this Agreement shall be for one (1) year from the date of the last approval by the legislative body of either CITY or DISTRICT and shall be reviewable annually, unless either party provides thirty (30) days written notice to the other party on its intent not to renew this Agreement. 5.02 This Agreement is separate and distinct from the Joint Powers Authority Agreement, as the same now exists or may be amended or superseded, between CITY and DISTRICT relating to the operation of the DISTRICT. 5.03 This Agreement shall become binding upon the parties when each has approved its execution by its elective body. DATED:II ATTEST: Deputy ity Clerk DATED: % L,_1 1 19 3 ATTEST: District Secretary 3 CITY OF COSTA MESA, a municipal corporation By' ayor APPROVED AS TO FORM: Ci y Attorney COSTA MESA SANITARY DISTRICT, a Sanitary District of the 1923 District Act By Pr si ent 71[n TVd 85:71 too 7/o1/90 l- ❑ «O .. 4r L' b LJtJ �,— 4 L —I'vl Il JUN -01 -2-004 a9 :06 Rcb Hamers 949 548 6516 P.11 /14 M Attachment 2 City/District Agreement Field Crew Services 7/1/2004 - 6/30/2005 I. Sewer System Operation and Maintenance A. Required services to pnyperly maintain sewer system 1. Sewer line cleaning 2 Hot spot cleaning (hot spots are sections of line that require %quart cleaning due to excessive grease or pipe problems such as sags) 3_ Responding to homeowner problems 4. Pump station maintenance and operation 5. Standby and overtime 6. Emergency response B. Services currently being provided by City 1. 100% of a two man cleaning crew plus vautor truck 2. 76% of another two man cleaning crew plus vactor truck 3. 100% of a supervisor who performs pump station maintenance with the assistance of one of the field crews 4. Vehicles as needed 5. Corporate yard 6. Cleaning the 1 million feet of gravity sewer each year 7. Emergency response C. Newly agreed upon provisions including Performance Standard 1 The services currently being provided by the City as described in B above shall continue in order to meet the required services as described in A above_ tt'A SS:ZT b00Z/01/ 90 JUN -01 -2004 09 05 1710 U Rob Hamers 949 548 6516 F.12i14 2. The City and District agree to continue working together in a cooperative and mutually beneficial manner to reach the goal of successfully managing the District's sanitary sewer system. 3. The City will provide the sewer system services described above and the District will reimburse the City $550,000 for these services for the fiscal year 7/1/04- 6/30/05 subject to the additional provisions described herein. The City shall bill the District in 12 equal monthly installments and sizall add on additiomd costs as described herein. Billing from the City shall be received by the District by the 25'J' of the month and will be for the monthly services currently in progress on said 25th of the month. Overtime costs shall be itemized with dates, times, persormel, and a description of services performed Overtime shall be paid at the rate of time and one half plus 33% for health insumnoe and benefits. 4. The $550,000 cost shall include the salary, benefits, and standby time for the five man field crew including vehicles, equipment, the existing telemetry system and emergency call -out system. The District shall be responsible for the cost of overtime. The weekend check of the 20 sewer pump stations shall be eliminated. 5 The City shall provide the sewer cleaning trucks and shall be responsible for the costs of vehicle registration, gasoline, insurance, water, parts, repairs, and all other vehicle costs with the exception of the cost of hoses and nozzles which shall be paid by District 6. The City shall provide labor and commonly used tools for pump station maintenw= and repairs and District shall provide all pump IVcl SS:71 6007/011190 3 i �� .�j oLl_ —' ter.• • ���� •• i.��i JUN -01 -2004 09:07 Rcb Hamers S 191 949 548 6516 P.13/14 station equipment and parts, including tools unique to pump station maintenance such as gas detectors or tools specifically for work on the pumps. The City shall continue providing OSHA training and equipment necessary for the maintenance of pump stations w1zile conforming to the OSHA requirements for entry into permit required confined spaces. Upon the termination of this agreement, the City and District shall cooperate in determining the owner of the particular tools. T All vehicles provided by the City for the sewer cleaning operation are currently registered with the DMV and shall remain the property of the City with the exception of the two diesel generators purchased by the District and the two Barnes by -pass pumps used in pump station work. At the point of termination of this ageement or any extensions thereto, City shalll transfer ownership of the two diesel generators and two Barnes by -pass pumps to the District. The vehicles usod in the sewer cleaning program consist of two sewer cleaning trucks, a service truck; a pickup truck, two diesel generators and two Barnes by -pass pumps. The District's hoist shall remain at the Corporation Yard so long as this agreement or extensions tirereta are in force. 8. The District shall provide a 1 117% increase in pay to the particular field crew members who achieve a passing grade of the Level I through 4 testing provided by the California Water Emrironment Association (CWEA) for sewer collection system workers. The 1 1!2% shall apply to each of the four levels achieved. 9. The field crews shall work in such a manner that the following performance standard is achieved unless unusual circumstances arise: One two -man crew shall perform products on cleaning of IVA 9S:ZT 60oZ!OT; 90 :o;� Cl JUN -01 -2004 09 :07 Rob Hamers 949 546 5516 P.14/14 approximately 4,500 lineal fleet of sewer in each eight hour period worked. Cleaning at levels of 7,000 lineal feet or greater in an eight -hour period results in less effective cleaning. The second field crew shall clean hot spots approximately 16 hours per week. The scope of work for the retnaini ng 14 hours per week worked by the sewer cleaning crews shall be mu=Uy decided upon by the City and District. The field crews shall continue cooperating and assisting in the current project analyzing the District's hot spots and grease discharges by food service establishments in order to improve sewer system performance. 10. The City and District shall cooperate and meet an a regular basis to review the sewer system cleaning and maintenance program. Any extension beyond the initial one year term shall be as negotiated by both parties. TOTPL P.14 911A YM S9:ZT 600Z /OT /90 r° • • SANIf,I�� Costa Mesa Sanitary District t R Memorandum To: Board of Directors Staff From: Thomas A. Fauth, Assistant Manager, CMSD Date: June 8, 2004 Re: May 16, 2004 City of Costa Mesa Safety EXPO After Action Report BACKGROUND: The City of Costa Mesa hosts the annual Safety Expo at Fire Station #4, next to the Corporate Yard. CMSD participates each year and provides a public outreach service to the community as staff members reply to customers questions, explain District and City programs and distribute promotional items. DISCUSSION: CMSD staff (Tom Fauth, Denise Gilbert, Debbie Bjornson) and City of Costa Mesa Management Analyst Donna Theriault managed the preparation for, setup, manning and breakdown of the "Costa Mesa Recycles" Booth. One activity missed this year was the Count the Cans Contest. Plenty of notice was given, but CMD forgot about the event. We do expect to have the activity again next year. Staff explained and distributed information regarding Special Recycling Programs (Sharps containers, telephone books, Household Hazardous Waste), the standardized container program, electronic and universal waste (cathode ray tubes /televisions, computer and electronics recycling/disposal), used fire disposal and large item pickup programs. This year did not attract as many for two reasons: booth location and lack of the Count the Cans Contest — the booth was located out of view of the other booths and behind the block wall near the helicopters while the Count the Cans Contest draws many visitors to the booth. The kids look forward to the contest each year. Although we did not have as many visitors the staff distributed the following promotions: 100 "Working For You' CDROMs 75 CMSD Yoyos 75 Recycling Coloring Books 35 CMSD Keychains 40 CMSD circular coasters 300 CMSD Pencils 50 "Working For You" VHS tapes 100 CMSD Chip Clips 100 CMSD Magnets 200 Used Oil Grant trading card sets 100 Pac Bell Yoyos 100 CMSD Pens RECOMMENDATION: Continue the program next year, ensuring 1. Staff reminds CR Transfer of the event with follow -up calls for the bales of recyclables supporting the Count the Cans Contest. 2. Staff attempts to obtain a better location for the booth CC: Donna Theriault, Management Analyst, City of Costa Mesa Bill Morris, Public Services Director, City of Costa Mesa • 4 • CMSD Staff: 714- 754 -5043 Rea Elementary Rec cp i — Director Dan Worthington 5 -20 -04 ,41 Pr _.a Costa Mesa Sanitary District CMSD each 6121/2004 blic NMUSD RecyclingNermicomposting Director Dan Worthington Presentations # Recycling Vermi- Follow -up Date Costa Mesa School Address Contact Phone Class Students & Magic composting— Call 041171200311300 Kline Elementary School 320 E 18th St Susan Kline 9491722 -7242 Mixed 4th 5th - 6th 30 X 05121/20031 0830 Rea Elementary School 601 Hamilton Susan Fish 949515.6905 4 classes of 6th gr 120 X 05/28/2003 Kaiser Elementary School 2130 Santa Ana Ave 3rd grade class 20 06/20/2003 Ordered Worms 10/02!2003 1 1 245 -1 51 5 Anderson School Susan Shaw 3 classes of 6th gr 90 2 10/03/03 1 1100 -1 300 TeWinkle Middle School 3224 California Ave Maggie Ostler One 6" gr class 301 1 1 02/02/2004 11/05/2003 am wi JR Davis Elements School 1050 Arlington Drive 10 6th grade classes 300 X 11/191200311430 -1530 Carolyn Eckert Daycare 1222 Londonderry St Carolyn Eckert 714556-0388 Ages 5 -10 14 1 11121/2003 / 1020 -1110 St Joachim's School 1964 Orange Ave Craig Nolan 949 - 3955011 6th gr class 20 1 0111 312004 1 300hrs Adams Elementary School 2850 Club House Road Diane Bonthius 714324 -7935 1 2d gr, 1 3rd gr class 44 2 0111 312004 1 500 -1 545 Rea Elementary School 601 Hamilton Guy Erskine 9495156905 x2545 4th5th -6th 25 1 01/27/2004 1300hrs Adams Elementary School 2850 Club House Road Typhany Poulsen 714324 -7935 2 2d gr classes 44 2 " Lori She ler 714324 -7935 02/0312004 1230 -1330 TeWinkle Middle School 3224 California Ave Maggie Ostler PU Bin - used for 2d class 30 0212312004 1 1 300 Confirmed Adams Elementary School 2850 Club House Road Cynthia Fernald 714324 -7935 2 2d gr classes 40 2 03/0412004 / 1330 Confirmed Kill brooke School 3155 Killybrooke Lane Cindy Ridens scheduler 714324 -7945 2 Sth gr classes 40 2 03/221200410900 St Joachim's School 1964 Orange Ave Martha Harper 949574 -7411 3rd & 4th gr classes 56 X 04 -08 -2004 / 1400 Child Pace 1860 Anaheim Ave Laura Cisneros 9495468849 K-6 - after school 35 1 4 -23-04 / 1100 -1200 Rea Elementary School 601 Hamilton Alida Castaneda 9495155905 x2534 6th 32 X 54-04 / 1315 Kaiser Elementary 2130 Santa Ana Ave Sherrilynne Dan I H 7145455085 2-3 3rd gr classes 108 X S -04 / 1345 Rea Elementary School 601 Hamilton Karen Siebert 949515.6905 x5207 5th 30 X TBD - 04 / 1030 -1200 Rea Elementary School 601 Hamilton Alida Castaneda 949 - 515 -6905 x2534 6th 32 X TBD Sonora Elementary School 966 Sonora Rd Peggy Roberts 3rd gr science class X Calls Faxs and Messages to Schools Spoke w /Dottie Pickett she will Manners School Dottie LVM Page School of Costa Mesa LVM & faxed info. Port Mesa Christian LVM & faxed info. St John The Baptist Baker St. Mm.O'Sullivan/Jawbs LVM & faxed info. Vineyard Christian Faxed info. Rea School Susan Fish 515.6905 Faxed info. Victoria Barbara 515 MW Trying to Email info. Email dom Sonora Elementary School Sue Note:Cindy Killybrooke School students willl be displaced due to renovation. In May the school will have their major testing so this year is not good for another presentation. She stated that the students loved the yes ricrom tin nta 'on. Note: Spoke with Mrs. O'Sullivan from SL John The Baptist while her Gass was touring C Hell. Her Assistant teacher is Mrs. Jacobs. Note: Contacted Sonora School reg. Recycling resentaton school office moving so phones and email are down 3130 rec. call from Sue will go throw h her instead of Prin. Will see if 1 can fax info. to her. Completed Scheduled f�6es 1110 15 CMSD • 714.75445043 1 of 1 CMSD Staff. 714 754 50 l Vertex — Granite polished Tabletop Slabs 5-17-04 5%¥.d�� ¥�x_� : w � ©. . aa� - »• <� °/> � ©�� � 6 »� \� Cf r� <•��3� . ....z: � ;p����?.>::�:. •� % ^ ^� ^�. «� %� �y�2© � k . . . ,.